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Law Educator, Esq., Lawyer

Category: Family Law

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Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

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I was accused of attempting to cheat a UA test yesterday.

Resolved Question:

I was accused of attempting to cheat a UA test yesterday. I wasn't doing anything wrong and did another one with ETG to prove that I am clean, but this person in the family court office is still claiming she saw something and sent my lawyer something about a court date to discuss what she claims she saw. This is a ridiculous, but I am concerned that this will carry weight despite the negative test result I will have proving I'd have no reason to falisfy anything.

Add to this, last Saturday my ex husband was seen hammered in the downtown area of our small town. He got pulled over for DUI, but let go in about one minute without any field sobriety test or anything because the responding officer had been a teacher in high school!

He's the drunk, but I am the one doing UA's and being accused of things because in 2003-2005 I struggled with a prescription drug addiction and got some treatment. There is absolutely nothing on me at all since that time. He has not ever been caught at anything he does, but he is seen out all the time, and I have found my kids alone unsupervised while he is out drinking.

I am worried this bimbo in family court is going to get things off track with her stupid stories. She made a mistake. No big deal, but I feel my kids and I are going to pay for it. What can she do with just this accusation? She claims that she saw me do something with my hand(s) so she refused the sample. I tried to leave another one but couldn't before the office closed. I went to a private agency and had a UA observed today and signed a release over to her in family court. The two places use the same lab and test will be negative. I thought things would be fine until my lawyer called and told me he received an email from her about a court date.

This is what makes these cases so terrible and it always seems like the people allegedly helping these situations find some personal agenda to try to take out on someone instead of being impartial and working for the good of the child. Unfortunately, your attorney is now going to have to put on witnesses to clear you on the alleged testing irregularity and that is all that can be addressed in this one hearing. As far as your husband's conduct, your attorney can file a separate motion alleging his behavior and put the witnesses on to testify, but the court is going to want some actual physical evidence before they take action.

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What kind of witnesses can clear me? Maybe I should be working on that now. Do you mean people who can confirm that I don't appear to be using drugs? I'm not sure who can witness what happened, and that is the problem. I was freaking out because I didn't know what I could do. She said she saw me do something, and then left me alone in the bathroom and told me to come get her to do it again before she got off work in less than an hour. I dumped the sample, went and got an ice tea downstairs and sat where she could see me knowing that if I left the building or something she might accuse me of even more. Is it illegal to have cameras in bathrooms in public buildings? the only possible witness would be if I was being videotaped, but that seems unlikely. I will have at least one and possibly two UA results that are negative, and did the ETG to prove I was fine going back for days, so wouldn't that prove she just made a mistake? What can happen to me just from her saying she thought she saw something? Also, I noticed that she did the UA's for the guys too, and didn't even go in with them obviously. Doesn't that seem unfair? I signed up to get a drug evaluation in hopes I could put this whole thing to rest. I'm paying privately, so if God forbid it comes out bad I won't tell anyone, but if it says I have no problem shouldn't that help me get this UA thing dropped? I'm only doing them because he pretended he was concerned. My kids wouldn't even have a single memory of me drunk or under the influence. It is ludicrous!

On my ex, are witnesses to his drinking and erratic driving worthwhile as I have two sworn statements. The event was a wine tasting event so obviously he was drinking! I say he should do them too if he wants me to be subject to UA's. He has no evidence against me, and I've never had an alcohol problem anyway.

The witnesses would be the people who gave you the second test. The problem may come in regarding your second test in that it wasn't taken the same day as the first test, so they may try to claim that you weren't clean the first day and waited until the drugs cleared your system for a second test AND this means you will need a medical expert witness to testify to the fact that in the amount of time between tests the drugs could not have cleared your system. You can also volunteer for a hair follicle test, which goes back many months to show any drug use and if that shows you are clean, then no matter what the urine test showed, the follicle test is much more accurate for showing long term drug use (sometimes up to 1 year).

They cannot have cameras in the bathrooms, that is a severe invasion of privacy in any building.

Yes, you need to bring a separate claim against your ex about drinking and driving and seek testing, but you need to get the witnesses to testify to that and it would be at a separate hearing from the one about your UA test.

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